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Divorce petition by husband

(Querist) 23 March 2015 This query is : Resolved 
My client's husband has filed divorce petition. what should i suggest her. his behaviour towards my client was not good from the beginning. Moreover her parents gifted some property to her husband that he has already sold for doing business and for children's education. She has two college going children. Now he has filed divorce petition and is telling her that i will keep children with me, you perform second marriage. he has mind washed the children too. Should i suggest her to ask for alimony in turn for divorce and lead her own life? and shall the alimony include her parent's property that he has sold? Please suggest.
Devajyoti Barman (Expert) 23 March 2015
Your client can claim alimony for herself irrespective of her willingness or not for divorce.
malipeddi jaggarao (Expert) 24 March 2015
Claim alimony. Contest the divorce petition. With two grown-up childen it is not so easy for him to get the divorce if contested. But this does not have any relation for claiming alimony.
Rajendra K Goyal (Expert) 24 March 2015
She should claim maintenance if she is not serving.

She should file case of domestic violence.

Contest the case of divorce if she is not going / intent to re-marry in near future.

She can claim alimony and should claim her stridhan.

SAINATH DEVALLA (Expert) 24 March 2015
Was the property gifted to her husband or was it streedhan at the time of marriage
ajay sethi (Expert) 24 March 2015
wife should collect her pound of flesh for agreeing to divorce . claim alimony . if husband refuses amicable settlement contest case on merits
SAINATH DEVALLA (Expert) 24 March 2015
U have not answered how the property was given to him
T. Kalaiselvan, Advocate (Expert) 27 March 2015
If the property was gifted by executing a registered deed on his name, it cannot be reclaimed now once it is sold. She is entitled for alimony and even maintenance now itself if she has been driven out of the house.


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